Membership & Expulsion

Admission to Membership

The rules will generally provide for admission, resignation and expulsion of members. That members may be proposed and seconded and subject to approval by the whole society of the committee.

The new member will generally receive notice of the rules and will not generally be a member until he has paid a subscription. The prospective member may accept or reject the membership.

Where there are no rules prescribing the manner of serving notice is provided for, the committee may specify how notices are to be given. Posting of the rules may suffice regarding routine matters may be sufficient. However, in the case of more basic matters or concerns particular members, the notice or circular should be given to all.

Membership Fees

An action will not generally lie to compel payment of subscriptions and fees of a person who is prospectively admitted. That is because he is not a member and not party to the contract until he has paid his first subscription.

Once the person becomes a member, he can be sued for subscriptions and fees. His liability continues until he ceases to be a member in accordance with the rules by resignation or expulsion. The rules may provide and it may be implied that a person may not vote until a subscription has been paid.

Termination & Expulsion

A member may terminate his membership by communication of resignation to the secretary. The rules may provide for expulsion. If no rules are provided, there is no implied power to expel. It may be possible to alter the rules to so provide.

The rules in relation to expulsion must be strictly followed. Some types of clubs may be subject to the rules of natural justice and in some cases constitutional justice where a person’s constitutional rights are affected.

Typically, the rules provide for a committee or a person to inquire into a conduct or the basis of proposed expulsion. Notice of the charges and meeting, etc., must be given. Actual notice should generally be given.

Fair Procedure & Expulsion

Fair procedures are an implied requirement of rules.  Failure to follow fair procedures is likely to be a breach of the rules that may be enjoined by injunction.  If express provision is not made for fair procedures, it will be implied in.

It will generally be implied that a fair inquiry is made into the truth of the alleged facts The committee, etc., must act in good faith. The rules will be interpreted relatively strictly.

The power to expel must be exercised in good faith for the benefit of the club. It must not be exercised for any direct or indirect motive. The rules of natural justice must be observed unless they are very clearly excluded. It is arguable that it is not possible to exclude the rules.

Where the consideration of the matter, places the members of the committee in a quasi-judicial position, the rules of natural justice apply. There must be a fair opportunity to defend and the proposed charges must be fairly put. The person accused must have the opportunity to challenge the accusations and his representation must be taken into account in the decision making.

Extent of Fair Procedures Required

The extent of fair procedures will depend on the seriousness of the decision in the circumstances.  There is not necessarily or indeed, often a right to an oral hearing.  It depends on the circumstances and the extent to which there are issues of fact in dispute, whether there is a possibility of an appeal.  Some circumstances may require an oral hearing with verbal cross examination.

An appeal may be required by fair procedures in certain circumstances.  The existence or non-existence of an appeal will bear on the sufficiency of the first instance procedure.

Challenging Expulsion

Where the rule provides that a person may be expelled on a basis such as conduct injurious to the character of the club, the committee must not only act in good faith, given proper notice and follow procedure but must have some reasonable and probably cause. This will depend on the nature and objects of the club.

Where the conditions have not been satisfied, an application may be made to court to invalidate the expulsion. The principles are broadly similar to those in judicial review.

The person wrongfully expelled may have a right to seek a court declaration, declaring his expulsion void and restraining steps being taken further to his expulsion. An action for damages will not lie unless there is a breach of contract.

Human & Constitutional Rights

The Irish Constitution and the European Convention on Human Rights requires basic procedural fairness in relation to disciplinary procedures which may have a consequence on a person’s livelihood, good name or liberty.

Accordingly, in accordance with the general public law principles, a person is entitled to be furnished with a copy of evidence that reflects on his reputation. He is entitled to cross-examine and have legal representation for such purpose.  He may give evidence in reply.  He may address the relevant body in his defence.

Sanctions

Where a sanction is mandatory, there may be no discretion not to apply it, where it is for the benefit of other members of the Association.  In such cases, the substitution of the initial decision may be impermissible.

If the rules expressly provide that a match is forfeited or a particular consequence follows, then other members of the Association including, in particular the other team may have a right to have the rule applied without regard to fair procedures .  Ultimately, the matter will turn on the interpretation of the rules.

The true interpretation of the rules may mean that certain sanctions are impermissible.  For example, sanctions imposed by the Jockey Club on trainers for the alleged misdeeds of jockeys have been held to be ultra vires, outside the powers of the rules.

In a number of instances, and in particular horse racing, bans have been imposed over critical parts of the season involving important or lucrative races.  This may bear on the seriousness of the sanction and may be relevant to where the balance of convenience lies in terms of an injunction to restrain an alleged breach of the rules or absence of fair procedures.